Earlier this year, we posted that we continued to wait for ADA “voluntary” wellness plan guidance from the EEOC. In a January 18, 2013 informal letter responding to an inquiry concerning a wellness program, the EEOC reiterated its 2000 Guidance that it “has not taken a position on whether and to what extent a reward
Jackson Lewis P.C.
Family Flight Fuels Frisco Family Friendly Workplace Law
By Jackson Lewis P.C. on
Posted in Leave
Billed as a measure to deter more “family flight” from San Francisco, the City’s Board of Supervisors have passed an ordinance giving employees who are caretakers or parents the “right to request” flexible or predictable work schedules. The mayor has indicated he will sign the ordinance into law.
San Francisco has the lowest percentage of…
Iowa Debates Gun Permits for Blind Individuals
By Jackson Lewis P.C. on
Posted in ADA
A 2011 amendment to Iowa’s gun control law requires a sheriff to issue a permit to carry a gun to an applicant unless the applicant is disqualified for any of six enumerated reasons. None of these disqualifies an applicant who is unable to see.
One Iowa county has issued weapons permits to individuals “who can’t…
ADA Accommodation Request Need Not Relate to Essential Job Functions
By Jackson Lewis P.C. on
Posted in ADA
A request for a reserved, on-site, free parking space is a request for an accommodation under the ADA even though it does not relate to the performance of essential job functions, according to a decision by the United States Court of Appeals for the Fifth Circuit. Feist v. State of Louisiana, (5th Cir. Sept.
U.S. DOL Announces New Section 503 Disability Regulations
By Jackson Lewis P.C. on
Posted in Uncategorized
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today announced a Final Rule that makes historic changes to the regulations implementing Section 503 of the Rehabilitation Act with regard to the employment of individuals with disabilities, referred to in the Rule as “IWDs.” As explained in the DOL’s announcement, “Section…
Most Employers to Shift Some Costs of ACA to Employees
By Jackson Lewis P.C. on
Posted in Health Management
More than half of employers intend to shift some of the increased costs of the Affordable Care Act to employees, according to a recent study by the International Foundation of Employee Benefit Plans. The 2013 study reports that employers are planning to deal with the increased costs of the ACA by shifting costs to employees…
The ADA Conundrum from Cleveland: Analyzing an Employee’s Inconsistent Statements About the Ability to Work
By Jackson Lewis P.C. on
Posted in ADA
In Cleveland v. Policy Management Systems Corp., the United States Supreme Court created a framework for analyzing how inconsistent statements on applications for disability benefits concerning a plaintiff’s ability to work affect an ADA claim.The analysis focuses on whether the plaintiff’s statements “genuinely conflicted with her ADA claim” and if so, whether the plaintiff…
Medical Marijuana Musings
By Jackson Lewis P.C. on
Posted in Health Management
Medical marijuana is in the news for a variety of reasons.
On the legal front, the primary issue is that the federal government classifies marijuana as a controlled substance while 20 states have passed laws allowing its use for medical reasons. President Obama’s spokesperson said recently that the President “does not, at this point, advocate a change…
Does a Rule Prohibiting Employees with Discipline From Transferring Violate the ADA?
By Jackson Lewis P.C. on
Posted in ADA
Must an employer bend its rule prohibiting an employee with discipline from transferring to another position as a reasonable accommodation if the request to transfer is due to a disability?
We posted recently about a case where an employer denied an employee’s request to telecommute or relocate his office for a medical reason because he…
Who Cares? The Mom of an Adult Daughter with a Brain Aneurysm Cares
By Jackson Lewis P.C. on
Posted in FMLA
In FMLA "caring for" cases, there is usually no dispute that the cared-for relative has a serious health condition. We have posted here, here and here about such cases.
But in Mezu v. Morgan State University, (D.Md July 29, 2013), that was precisely the issue. The plaintiff claimed her employer interfered with her…